Here:
Prior posts here.
Eighth Circuit
Eighth Circuit Decides Sisseton-Wahpeton Oyate v. U.S. Corps of Engineers
Here is the opinion. The court’s syllabus:
Action challenging the issuance of Clean Water Act permits allowing a farm owner to dredge and fill portions of Enemy Swim Lake in furtherance of the owner’s activities in building a road over an inlet of the lake; a 2010 letter from the Corps was not a final agency action for purposes of the permit and exemptions determinations as the letter did not affect the legal rights of the farm owner, the Tribe or the Corps; Tribe’s recapture claim under 33 U.S.C. Sec. 1344(f)(2) was a nonjusticiable enforcement action; Tribe’s claims arising from the Corps’s permit and exemption determinations made from 1998 to 2003 were barred by the statute of limitations and the Tribe was not eligible for equitable tolling because it had not diligently pursued its rights; dismissal of the Tribe’s arbitrary-and-capricious challenge to the Corps’s 2009 permit decision rejected as the Corps did not violate its own regulations in issuing the 2009 nationwide-permit determination; the district court did not make a final decision with respect to the lawfulness of the Corps’s regulations enacted pursuant to the National Historic Preservation Act, and the court lacked jurisdiction to review the lawfulness of the regulations.
Eighth Circuit Briefs in Stanko v. Oglala Sioux Tribe [traffic ticket]
Eighth Circuit Oglala Sioux ICWA Case Oral Arguments
Eighth Circuit Rejects Effort to Enjoin Police Use of Dangerous Weapons at Standing Rock
Here is the unpublished opinion in Dundon v. Kirchmeier.
Briefs:
Eighth Circuit Affirms Major Crimes Act Conviction over Dissent on Right to Counsel in Tribal Court (Rosebud Sioux)
Here are the materials in United States v. Long:
An excerpt from the dissent:
A misdemeanant like Michael Long is forbidden to possess a firearm only if he was “represented by counsel in the case” in which he sustained the misdemeanor conviction, or if he “waived the right to counsel in the case.” 18 U.S.C. § 921(a)(33)(B)(i)(I). It is undisputed that Long did not waive the right to counsel and that he was not represented by a lawyer in the case. The court concludes, however, that because Long was represented in the case by a nonlawyer, dubbed a “lay counsel” by the Rosebud Sioux Tribe, he was “represented by counsel in the case.” I believe that this conclusion is inconsistent with the meaning of the word “counsel” in the statute, so I would reverse Long’s conviction for possession of a firearm as a prohibited person.
Eighth Circuit Vacates Sentence in United States v. Spotted Horse
Here.
Eighth Circuit Enjoins Pursuit of Tribal Remedies in Minerals Royalties Dispute
Here is the opinion in Enerplus Resources (USA) Corporation v. Wilkinson.
Materials here.
Have Any Indians Served on a Federal Criminal Jury, Ever?
Three Indians were struck from the jury during voir dire in United States v. Harding, including one who was struck because he was struck in a prior case. And that’s okay under federal law, apparently:
The prosecutor gave these reasons for the strikes: He said that Lacroix worked with Harding at Dakota Paneling, where Lacroix was a supervisor, and that Lacroix knew Harding. He stated that Cottier was a registered nurse and was a member of a venire in the recent case of United States v. High Wolf. In response to questions from the court, the prosecutor clarified that Cottier had been excused from service in High Wolf, and that the prosecutor was drawing on Cottier’s responses during voir dire in the past.
Eighth Circuit Affirms Major Crimes Act DV/Sexual Assault Conviction
Here is the opinion in United States v. Johnson.
Turtle Talk 
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